Human Resource Management
Chapter 3
WORKPLACE DIVERSITY, EQUAL
EMPLOYMENT OPPORTUNITY,
AND AFFIRMATIVE ACTION
© 2008 by Prentice Hall
3-1
HRM in Action: Sequencing Moms,
Bringing Them Back
• Today, more new mothers are leaving the
labor force only to return later, often called
sequencing moms
• Major employers are reaching out to
sequencing moms to be sure they do not
make a permanent exit
• Tangible shift toward companies accepting
returning women professionals
© 2008 by Prentice Hall
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Diversity and Diversity
Management
Diversity - Any perceived difference
among people: age, race, religion,
functional specialty, profession,
sexual orientation, geographic origin,
lifestyle, tenure with organization, or
position, and any other perceived
difference.
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Diversity Management
Ensuring factors are in place to
provide for and encourage
continued development of diverse
workforce by melding actual and
perceived differences among
workers to achieve maximum
productivity
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Managing Diverse Workforce:
Various Components
• Single Parents &
Working Mothers
• Women in Business
• Dual Career
Families
• Workers of Color
• Older Workers
• Persons with
Disabilities
• Immigrants
• Young Persons with
Limited
Education/Skills
• Educational Level of
Employees
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Women in Business
• Account for 45% of workforce
• Hold half of all management,
professional, and related
occupations
• Over 9 million women-owned
businesses
• Increasing number of
nontraditional households
• Organizations must address
work/family issues
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Workers of Color
• Often experience
stereotypes
• Often encounter
misunderstandings and
expectations
• Bicultural stress
• Socialization in one’s
culture of origin can lead
to misunderstandings in
workplace
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Older Workers
• Population is growing
• Long-term labor shortage is
developing
• Many organizations actively
courting older employees to
remain on job longer
• Needs and interests may
change
• May require retraining
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Persons with Disabilities
• Limits amount or kind of work person can do or
makes its achievement unusually difficult
• Perform as well as unimpaired in productivity,
attendance and average tenure
• ADA prohibits discrimination against qualified
individuals with disabilities
• Serious barrier is bias, or prejudice
• Manager can set the tone
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Immigrants
• Large numbers of
immigrants from Asia and
Latin America have
settled in many parts of
United States
• Newer immigrants
require time to adapt
• Managers must work to
understand different
cultures and languages
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Trends & Innovations: Superdads
• Majority of men today are vastly more
involved in the rearing of their children and
maintenance of their households than their
fathers were
• Job of stay-at-home dad is becoming more
attractive to today’s working dads
• Have disadvantage of having few role
models to show them the way
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Equal Employment
Opportunity And
Affirmative Action
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Equal Employment Opportunity: An
Overview
• EEO modified since passage of Equal Pay
Act of 1963, Civil Rights Act of 1964, and
Age Discrimination in Employment Act of
1967
• Congress has passed other legislation
• Major Supreme Court decisions
interpreting provisions handed down
• Executive orders signed into law
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Laws Affecting Equal
Employment Opportunity
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Civil Rights Act of 1866
• Oldest federal legislation
affecting staffing
• Based on Thirteenth
Amendment
• No statute of limitations
• Employment is a
contractual arrangement
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Equal Pay Act of 1963
• Prohibits employer from paying employee
of one gender less money than employee
of opposite gender, if both employees do
work that is substantially the same
• Jobs considered substantially the same
when they require equal skill, effort, and
responsibility and they are performed
under similar working condition
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Title VII of Civil Rights Act of 1964 - Amended 1972
•
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•
•
•
Greatest impact on HR management
Illegal for employer to discriminate
Fifteen or more employees
Exceptions to Title VII
Persons not covered by Title VII
Created the Equal Employment
Opportunity Commission (EEOC)
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Illegal for Employer to Discriminate
•
•
•
•
•
Race
Color
Sex
Religion
National origin
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Exceptions to Title VII
• Bona fide occupational
qualifications (BFOQs)
• Seniority and merit
systems
• Testing and
educational
requirements
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Persons Not Covered by Title VII
• Aliens not authorized to work in
United States
• Members of Communist party
• Homosexuals
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Age Discrimination in Employment Act
Of 1967--amended In 1978 & 1986
• Illegal to discriminate against anyone 40
years or older
• Administered by EEOC
• Pertains to employers who have 20 or
more employees
• Provides for trial by jury
• Possible criminal penalty
• Older Workers Benefit Protection Act
(OWBPA)
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Age Can Be Bona Fide
Occupational Qualification
• Federal Aviation Administration
can force commercial pilots to
retire at 60
• Greyhound did not violate ADEA
when refused to hire persons 35
years or older as intercity bus
drivers
• Likelihood of risk or harm to
passengers was involved with
both cases
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Rehabilitation Act of 1973
• Prohibits discrimination against disabled
workers
• Government contractors, subcontractors,
and organizations
• Two primary levels
• $2,500 required to post notices they agree
to take affirmative action to recruit,
employ, and promote qualified disabled
individuals
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Rehabilitation Act of 1973 (Cont.)
• If contract or subcontract exceeds
$50,000, or if contractor has 50 or more
employees, employer must prepare written
affirmative action plan
• Administered by Office of Federal Contract
Compliance Programs (OFCCP)
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Pregnancy Discrimination Act of 1978
• Amendment to Title VII of Civil
Rights Act
• Pregnancy, childbirth, or
related medical condition
• Questions about family plans,
birth control techniques, and
the like may be discriminatory
because they are not asked of
men
• Benefits area also covered
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Immigration Reform and Control
Act (IRCA) of 1986
• Granted amnesty to approximately 1.7
million long-term unauthorized workers
• Established criminal and civil sanctions
against employers who knowingly hire
unauthorized aliens
• Reduces threshold coverage to 4
employees
• Toughened criminal sanctions for
employers who hire illegal aliens
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Immigration Reform and Control
Act (IRCA) of 1986 (Cont.)
• Employers must require all new
employees to complete and sign a
verification form (Form I-9) to certify their
eligibility for employment
• Establish their eligibility for employment by
presenting a U.S. passport, alien
registration card with photograph, or a
work permit that establishes the person’s
identity and employment eligibility
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Equal Employment Opportunity
Commission (EEOC)
• Title VII of Civil Rights Act, as
amended, created the EEOC
• Filing a discrimination charge
initiates EEOC action.
• Certain exceptions to coverage of
Title VII
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Steps in Handling a Discrimination Case
Charge Filed
Attempt at a No-Fault Settlement
Investigation by the EEOC
Issue a Probable Cause or a No Probable Cause Statement
Attempt at Conciliation
Recommendations for or Against Litigation
Recommendation Against
Litigation – Right to Sue Notice Issued
to Charging Party
Recommendation for
Litigation – EEOC Initiates Action
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Equal Employment Opportunity
Commission (Cont.)
• Some factors that determine
whether EEOC will pursue
litigation are (1) number of
people affected by alleged
practice; (2) amount of money
involved in charge; (3) other
charges against employer; and
(4) type of charge.
• EEOC files suit in only about 1%
of charges
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Uniform Guidelines on Employee
Selection Procedures
Single set of principles designed to assist
employers, labor organizations,
employment agencies, and licensing and
certification boards in complying with
federal prohibitions against employment
practices that discriminate on basis of
race, color, religion, gender, and national
origin
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Concept of Disparate Treatment
• Employer simply treats some people less
favorably than others because of race, religion,
sex, national origin, or age
• Most easily understood form of discrimination
• Common forms of disparate treatment include
selection rules with racial, sexual, or other
premise, prejudicial action, unequal treatment on
individual basis, and different hiring standards
for different groups
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3-32
Concept of Adverse Impact
• Defined in terms of selection rates
• Established by Uniform Guidelines
• Occurs if women and minorities are not
hired at rate of at least 80% of bestachieving group
• Also called the four-fifths rule
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Concept of Adverse Impact (Cont.)
Success rate for women and minority applicants
Success rate for best-achieving group applicants
= Determination of
adverse impact
• Assuming adverse impact shown, employers
have two avenues available if they desire to use
particular selection standard.
• First, employer may validate a selection device
by showing it is predictor of success
• Second avenue is bona fide occupational
qualification (BFOQ) defense
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Adverse Impact Example 1
• During 2007, 400 people were hired for a
particular job. Of the total, 300 were white and
100 were black. There were 1,500 qualified
applicants for these jobs, of whom 1,000 were
white and 500 were black. Using the adverse
impact formula, you have:
• 100/500
0.2
________ = _____ = 66.67%
• 300/1,000
0.3
• Thus, adverse impact exists.
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Adverse Impact Example 2
• During 2007, assume that 300 blacks and
300 whites were hired. But there were
1,500 qualified black applicants and 1,000
qualified white applicants. Using the
adverse impact formula, you have:
300/1,500
•
0.2
_________ = ____
300/1,000
=
66.67%
0.3
• Thus, adverse impact exists.
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Additional Guidelines
• Guidelines on Sexual Harassment
• Guidelines on Discrimination
Because of National Origin
• Guidelines on Discrimination
Because of Religion
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Guidelines on Sexual
Harassment
• Title VII generally prohibits
gender discrimination in
employment
• EEOC issued interpretative
guidelines
• Two distinct types of sexual
harassment; (1) where hostile
work environment is created,
and (2) when there is quid pro
quo
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EEOC Definition of Sexual Harassment
Unwelcome sexual advances, requests for sexual favors, and
verbal or physical conduct of sexual nature that occur under
any of following situations:
1.
2.
3.
When submission to such conduct is made either
explicitly or implicitly a term or condition of individual’s
employment
When submission to or rejection of such conduct by
individual is used as basis for employment decisions
affecting individual
When conduct has purpose or effect of unreasonably
interfering with individual’s work performance or
creating intimidating, hostile, or offensive working
environment
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Sexual Harassment
• Employers are liable for acts of supervisors,
regardless of whether employer is aware of
sexual harassment act
• Employer is responsible for acts of co-workers if
employer knew, or should have known, about
them
• May be liable for acts committed by
nonemployees in workplace
• Immediate and appropriate action
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Guidelines on Discrimination
Because of National Origin
Discrimination on basis of national origin
as denial of equal employment opportunity
because of:
• Individual’s ancestors or place of birth
• Individual has physical, cultural, or
linguistic characteristics of national origin
group
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Guidelines on Discrimination
Because of National Origin (Cont.)
National origin protection also covers
(1) marriage or association with person of specific
national origin
(2) membership in, or association with,
organization identified with, or seeking to
promote interests of national groups
(3) attendance at, or participation in, schools,
churches, temples, or mosques generally used
by persons of national origin group
(4) use of individual’s or spouse’s name that is
associated with national origin group
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Executive Order 11375
• In 1968 EO 11246
modified.
• Changed word “creed” to
“religion” and added sex
discrimination to other
prohibited items
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